How can the CMS overthrow a Court Order?

Unfortunately your response is confusing where you say:

"I do not get spousal maintenance. My order is only relating to our matrimonial home, which I live in and pay for, and for child maintenance"

Maintenance that is not child maintenance is spousal maintenance.

It sounds as though you need to clarify the position with your solicitor. Either they are right or wrong. I think they're wrong and the amount you can enforce is limited.

However you pay for advice with your solicitor but you canvas opinion here for free.

You need to formulate your questions carefully. Firstly, how far back can you enforce an order? Secondly, what elements of maintenance does the maintenance order cover and how much of that remains when CMS jurisdiction takes over?

You haven't provided enough information to be clearer. ideally the wording of the order would clarify.

Charles

Now you've confused me.

Sorry if I wasn't clear. I do not receive any money from my ex partner apart from Cms payments. There is no mention on my order about spousal anything. The only comments on the order relating to child maintenance is what I have attached in my above post. Have you seen my attachments? . I thought that's what you wanted to see.

And yes, I am asking opinions on here because I got confused with the advise he gave after seeing almost every post about child maintenance orders come back and say that CMS overrides orders so i just wanted to see if anyone had been told the same as me from a solicitor.

He said I can get it backdated to the date of the order.

I've not seen the attachments..

If the maintenance only relates to the children, the CMS has jurisdiction.

Unless there is some crucial information to which you and your solicitor are aware, the CMS has jurisdiction and should be pursuing your ex for arrears.

From what you say there are no arrears as far as the CMS is concerned in which case you should ask your solicitor under what law they believe there is cause to pursue the balance is the original order.

Charles

I can't seem to add the attachments to this reply. But I will do a he ral reply and attach them again

I have added the attachments

The attachments seem to suggest this is child maintenance which could be overridden by CMS. It seems odd though that it provides less cover than CMS would anyway eg it only goes up to age 17 whereas court orders often go beyond maximum age for CMS.

Is there mention of any other payments to be made in the court order?

Did your ex make an application to CMS and have you received an assessment from them? My only thought is that he may just have used their online calculator and fancied the lower payment and changed to that. He can’t do that and it would lead to arrears, there has to be an application and assessment.

Hiya

No, there are no other payments mentioned relating to child maintenance in the order.

I seem to remember he did get an assessment from Cms and then I got a letter from cms telling me how much he would be paying me. I never questioned it tbh.